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Home My WebLink About06-7210PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2151 563-7000 145856 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D!B/A ERA MORTGAGE 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. AMBER KISHBAUGH A/K/A AMBER K. KISHBAUGH 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM 1 hh CUMBERLANDD COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 145856 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File it: 145856 Plaintiff is PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: AMBER KISHBAUGH A/K/A AMBER K. KISHBAUGH 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1868, Page: 1212. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01 /2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 145856 6. The following amounts are due on the mortgage: Principal Balance $98,081.24 Interest 4,601.75 05/01/2006 through 12/19/2006 (Per Diem $19.75) Attorney's Fees 1,250.00 Cumulative Late Charges 272.72 05/28/2004 to 12/19/2006 Cost of Suit and Title Search 550.00 Subtotal $ 104,755.71 Escrow Credit 0.00 Deficit 995.79 Subtotal 995.79 TOTAL $ 105,751.50 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 105,751.50, together with interest from 12/19/2006 at the rate of $19.75 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & C IEG~, LLP By: ~ /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 145856 LEGAL DESCRIPTION ALL THAT CERTAIN piece or pazcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point on the line of adjoiner between Lots 121 and 122 as shown on the hereinafter mentioned plan of lots, said point also being measured in a southerly direction a distance of 40 feet from the southern line of intersection with a 10 feet wide cart path; thence by the line of adjoining between Lots 121 and 122 aforesaid, South 22 degrees 29 minutes 35 seconds West a distance of 100.0 feet to a point; thence North 67 degrees 30 minutes 25 seconds West along common grounds now or formerly of The Homestead Group, Inc., a distance of 20.0 feet to a point; thence North 22 degrees 29 minutes 35 seconds East along the line of adjoiner between Lots 122 and 123 on said plan a distance of 130.0 feet to a point; thence South 67 degrees 30 minutes 25 seconds East along the other common grounds a distance of 20.0 feet to a point, the place of BEGINNING. BEING Lot No. 122 on Plan of Salem Park Land Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 25, page 12. HAVING thereon erected a townhouse type dwelling known and numbered 7005 Salem Park Circle. BEING THE SAME PREMISES which Liberty Investment Associates, Inc., a Pennsylvania business corporation by its deed dated May 28, 2004 and recorded in the office of the Reorder of Deeds in and for Cumberland County granted and conveyed unto Amber K. Kishbaugh, a married woman. PREMISES BEING 7005 SALEM PARK CIRCLE File #: 145856 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~i~e~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ a ~ ~ ra ~"' ~ _q,, c.•~ ;~ 7 -rt (/1 ~ r-~ _ ~ ~' --~ T ___ f31, - [~ V ~ r^..~ r~ ~ .. 1 ~ p d - ~' p -~ ~F - ~ a; _ ~ .~~ ;~ `-. CASE NO: 2006-07210 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS KISHBAUGH AMBER ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KISHBAUGH AMBER A/K/A KISHBAUGH AMBER K the DEFENDANT at 1534:00 HOURS, on the 2nd day of January 2007 at 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 ," ,/ 37.68 Sworn and Subsc77i"b__°ed to before me this of day So Answers: 'sic...--~.d-~- R. Thomas Kline 01/03/2007 PHELAN HALLINAN SCHMIEG By ~ ~ Deputy Sheriff A.D. ,~ Phelan I-~allinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel hia, PA 1.9103 215-563 7000 Attorney For Plaintiff PHH ORTGAGE CORPORATION F/K/A Court of Common Pleas CENDAINT MORTGAGE CORPORATION, D/B/A ~RA MORTGAGE Civil Division Plaintiff CUMBERLAND ,vs ~ Counfy AMBER KISHBAUGH No. 06-7210 (~ ~' o ~ A/K /A AMBER K. KISBAUGH ~~ ~ ~ , Defendant ~~ ~ r'' v?'~ N ~ ~ TO THE PROTHONOTARY: y{, ° ~. ~. ~~ ~ Please withdraw the complaint and mark the action discontinued and endvitFou ~r~ t-°-{~'*`~ prejudice. ~ ~ ~ ~- Date: October ~{, 2010 PHELAN HALL AN & SCHMIEG, LLP ,, By: . Lawrence T. Phe . sq., Id.No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~ieetal R. Shah-Jani, Esq., Id. No. $1760 Jenine R. Davey, Esq., Id: No: 8707T ~- ,``. '': ` ' Lauren R. Tabas, Esq., Id. No. 93337 _ ~ Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq:, Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 145~,~6 `" Attorneys for Plaintiff